The Department has prepared
a draft permit and has made a tentative determination to
approve this application. The facility, an asphalt plant, would have a potential capacity of
351,000 tons per year of asphalt production. The facility consists of a mixing hopper
assembly, a conveyor system, a dryer operated on a fuel fired burner, a primary dust
collector, a baghouse, a silo system and an aboveground storage tank. The applicant
proposes to cap the facility NOx (oxides of nitrogen) emissions to below 22.5 tons per
year. In order to comply with the emission cap, the facility is limited to asphalt production
of 292,500 tons per year when burning natural gas; 58,500 tons per year when burning #2
fuel oil; and natural gas consumption for the generator is limited to 17.28 mmscf/year.
The facility is subject to the provisions of State Facility specified under 6NYCRR Part
201-7.2. Persons wishing to inspect the subject files, including the application with all
relevant supporting materials, the draft permit and all other materials available to the
DEC that are relevant to this permitting decision should contact the DEC representative
listed below. It is recommended that an appointment be made to confirm the availability
of the subject files. A public hearing under 6NYCRR 621.7(c) may be held if a significant
degree of public interest exists.

State Environmental Quality Review (SEQR) Determination:

Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was performed.

SEQR Lead Agency:

NYS Department of Environmental Conservation

State Historic Preservation Act (SHPA) Determination:

A cultural resources survey has been completed. The report of the survey is on file. No archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jun 11 2004.

The applicant proposes to
restore approximately 35.5 acres of wetland and upland habitat,
which includes approximately 20.5 acres of inter tidal salt marsh and approximately 15
acres of coastal/maritime grassland. The restoration of the historic intertidal marsh will
require the removal of approximately 85,000 cubic yards of fill material which will then
be placed in the upland areas to create the new coastal maritime grassland. The areas to
be restored will be planted with appropriate vegetation and a nature trail system will be
established. The project site is located within New York City Parks and Recreation’s
Marine Park on Gerritsen Creek in Brooklyn.

State Environmental Quality Review (SEQR) Determination:

Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was performed.

SEQR Lead Agency:

NYS Department of Environmental Conservation

State Historic Preservation Act (SHPA) Determination:

Cultural resource lists and map have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.

Coastal Management:

This project is located in a Coastal Management area and is subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than May 28 2004.

The
Jamaica Bay Federal Navigation Project was authorized by the Harbors and Rivers
Act of 25 June 1910, and modified in the subsequent River and Harbors Acts of 1945 and
1950. The existing navigation project at Jamaica Bay authorizes a 20 foot deep, 1000 feet
wide, 2 mile long outer entrance channel connecting two interior (bay) channels with
deep water in the Atlantic Ocean.

The
Applicant is requesting a 10-year Water Quality Certification (WQC) allowing for
the dredging of bottom sediments, for the purposes of maintaining the authorized project
dimensions, thereby assuring safe and economical use of the Jamaica Bay by shipping
interests. The entire channel will generally not require maintenance dredging during the
course any single dredging event; only areas where shoaling has reduced the depth of the
channel would be dredged. Maintenance dredging would be accomplished by pipeline
dredge, hopper dredge or similar plant. Environmental windows would prohibit dredging
between April 1 and September 14. The grain size analysis conducted 20 February 2004
shows the sediments to be 99.08% sand.

The
initial dredging event conducted pursuant to this 10-year WQC would involve the
removal of 300,000 cubic yards of material and is proposed to occur during the fall of
2004. The dredged material from the initial dredging event is proposed to be stockpiled
on an old runway at Floyd Bennett Field, part of the National Park Service's Gateway
National Recreational Area. The stockpile location has been coordinated with the
National Park Service and will avoid the runway area utilized by the model airplane club.
The dredged material will be transported to the stockpile location by hopper dredge or
pipeline. The stockpiled material will be utilized for the restoration of marsh islands in
Jamaica Bay. The applicant will need and is seeking a separate permit from NYS DEC for
the Jamaica Bay marsh island project.

Future
dredging events conducted pursuant to this 10-year WQC will require the
applicant to send to the Department, in writing, a request for an authorization to proceed.
The request must include, at a minimum, information on the specific location (shoals) of
proposed dredging, grain size analysis and proposed placement location. Upon review
and acceptance of materials provided in support of proposed dredging event, the
Department will issue an Authorization to Proceed.

State Environmental Quality Review (SEQR) Determination:

Project is not subject to SEQR because it is a Type II action.

SEQR Lead Agency:

None Designated

State Historic Preservation Act (SHPA) Determination:

Cultural resource lists and map have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.

Coastal Management:

This project is located in a Coastal Management area and is subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than May 21 2004.

The applicant proposes to
construct 2 semi-attached one-family two-story houses. The
rear of the proposes houses will be 34 feet from NYSDEC regulated Class I Freshwater
Wetland NA-9 (Dongan Hills). In addition, proposed decks on the houses will be 9 1/2
feet from wetland boundary. The rear 15 feet of the property is proposed to be deed
restricted area of no disturbance and a split rail fence will be installed between the
development and the deed restricted area. Plantings are proposed along the split rail
fence. The project is located on Slater Blvd. near Olympia Boulevard, Staten Island Block
3755 Lot 15. This project site is located within the adjacent area of Freshwater Wetlands
NA-9 which is included in moratorium which prohibits NYSDEC from issuing a permit
for this project until conclusion of the moratorium.

State Environmental Quality Review (SEQR) Determination:

Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed.

SEQR Lead Agency:

None Designated

State Historic Preservation Act (SHPA) Determination:

A Structural-Archaeological Assessment Form has been completed. The proposed activity will not impact on registered, eligible or inventoried archaeological sites or historic structures.

Coastal Management:

This project is located in a Coastal Management area and is subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jun 11 2004.

The
federal navigation project for New York and New Jersey Channels was authorized
by the Rivers and Harbors Act of 1933 and subsequently modified by the Rivers and
Harbors Acts of 1935, 1950, 1965, and 1985. The existing navigation project at the
Raritan Bay Reach of the NY/NJ Federal Navigation Channel (miles 0 to 14) provides
for: a.) a channel 37 feet deep in rock and 35 feet in deep in soft material, 600 feet wide
through Lower New York Bay, Raritan Bay and Arthur Kill up to and including the
OuterBridge, except in the vicinities of Seguine Point and Ward Point where the width is
to be 800 feet; b.) Perth Amboy anchorage, with authorized depths of 37 feet and 25 feet;
and c.) a secondary channel 30 feet deep and 400 feet wide in Raritan Bay connecting
with the Raritan River.

The
Applicant is requesting a 10-year Water Quality Certification (WQC) allowing for
the dredging of bottom sediments, for the purposes of maintaining the authorized project
dimensions, thereby assuring safe and economical use of the Raritan Bay Reach of the
NY/NJ FED Navigation Channel by shipping interests. The entire channel will generally
not require maintenance dredging during the course any single dredging event; only areas
where shoaling has reduced the depth of the channel would be dredged. Maintenance
dredging would be accomplished by clamshell dredge, hopper dredge or other similar
plant. Environmental windows would prohibit dredging between November 15 and July
15.

The
initial dredging event conducted pursuant to this 10-year WQC would involve the
removal of 144,000 cubic yards of material at the Seguine Point Section of the Raritan
Bay Reach and is proposed to occur during the summer/fall of 2004. The Sequine Point
Section of the Raritan Bay Reach occurs between mile point 7 and mile point 9 of the
NY/NJ Channels and provides for a channel 37 feet deep in rock and 35 feet deep in soft
material , 600 feet to 800 feet wide (wider at the bend). A two foot overdepth is
authorized for both rock and soft material. The grain size analysis shows the sediments to
be 18% sand, 49% silt and 33% clay. The dredged material would be transported by
scows or hopper dredge to a permitted, suitable upland site(s) to be named by the selected
dredging contractor. Before placement at any upland placement site, the dredged material
must be determined to meet all federal, state and local criteria required by the government
agencies having jurisdiction over the named dredged material placement site.

Future
dredging events conducted pursuant to this 10-year WQC will require the
applicant to send to the Department, in writing, a request for an authorization to proceed.
The request must include, at a minimum, information on the specific location (shoals) of
proposed dredging, grain size analysis and proposed placement location. Upon review
and acceptance of materials provided in support of proposed dredging event, the
Department will issue an Authorization to Proceed.

State Environmental Quality Review (SEQR) Determination:

Project is not subject to SEQR because it is a Type II action.

SEQR Lead Agency:

None Designated

State Historic Preservation Act (SHPA) Determination:

Cultural resource lists and map have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.

Coastal Management:

This project is located in a Coastal Management area and is subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than May 21 2004.

The
Applicant is requesting a 10-year Water Quality Certification (WQC) allowing for
the dredging of bottom sediments in Great Fresh Kill, for the purposes of maintaining
previously authorized project dimensions, thereby assuring safe waterfront access to the
Great Kills Landfill. The entire Great Fresh Kill channel will generally not require
maintenance dredging during the course any single dredging event; only areas where
shoaling has reduced the depth of the channel would be dredged. Sediment sampling and
testing was conducted in December 2003 and the sediments were determined to be
acceptable as alternate grading material at the Fresh Kills landfill or other suitable upland
placement location.

The
initial dredging event conducted pursuant to this 10-year WQC would involve
dredging to a depth of 17 feet plus 1.5 feet of overdepth, removing approximately 54, 000
cubic yards of material from three (3) areas of shoaling. The proposed dredging is
scheduled to occur during the spring/summer of 2004. The proposed placement location
is the Great Kills landfill, which has received a Beneficial Use Determination (BUD)
from the Department allowing the use of processed dredged material as Alternate Grade
Material below the liner. The dredged material will be transported to the Landfill via
barge.

Future
dredging events conducted pursuant to this 10-year WQC will require the
applicant to send to the Department, in writing, a request for an authorization to proceed.
The request must include, at a minimum, information on the specific location (shoals) of
proposed dredging, sediment analysis and proposed placement location. Upon review and
acceptance of materials provided in support of proposed dredging event, the Department
will issue an Authorization to Proceed.

State Environmental Quality Review (SEQR) Determination:

Project is not subject to SEQR because it is a Type II action.

SEQR Lead Agency:

None Designated

State Historic Preservation Act (SHPA) Determination:

Cultural resource lists and map have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.

Coastal Management:

This project is located in a Coastal Management area and is subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than May 21 2004.